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Fighting for
YOUR FISHING RIGHTS and THE FUTURE OF RECREATIONAL FISHING |
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FOR IMMEDIATE
RELEASE: Contact:
Dennis O’Hern, Executive Director Cell Phone
Number: 727.692.6902 Judge
Overturns Recreational Grouper Closure St. Petersburg,
FL October 31, 2005 A Federal judge in Fort Myers, FL overturned a National Marine Fisheries Service interim rule which would have closed recreational grouper fishing in the Gulf for two months beginning November 1st. In the lawsuit brought by the Pinellas County, FL-based Fishing Rights Alliance Federal Judge John Steele considered arguments by the FRA’s lead counsel, DLA Piper Rudnick Gray Cary US LLP. Specifically, the Judge entered Summary Judgment in favor of the FRA and against Government on Count Two of the Fishing Rights Alliance’s Complaint, which challenged the closure as overbroad. In doing so, the judge accepted the FRA’s arguments and ruled that closing all grouper fishing for two months when only red grouper was in question, was overly broad, arbitrary and capricious, and did not comply with the government’s rule-making policy. The Judge’s decision in favor of the FRA also provides that only red grouper can be subject to the interim rule, allowing recreational anglers to keep up to five total gag or black grouper, two fish popular with recreational anglers. Notably, this is the first time an emergency rule by the National Marine Fisheries Service has ever been successfully challenged in court. The decision allows charter boat and head boat operators to once again book trips targeting the popular fish. Those operators have had many customers cancel trips due to the closure. Bait and tackle shops, boat dealers and manufacturers, marine mechanics and more will scramble to recoup business lost in the face of the closure. Anglers with their own boats are excited to have back the opportunity to pursue one of their favorite fish during the next two months. The rule would have had a disastrous impact on Florida. Saltwater anglers annually produce a $6 BILLION economic impact on Florida, a state that bills itself as “Fishing Capital of the World.” Anglers are celebrating the ruling after a long, hot, contentious summer. Thousands of recreational anglers attended numerous hearings over six months, motivated by the threat of emergency grouper fishing closures and bag limit reductions based on disputed, allegedly inaccurate landings figures for red grouper in 2004. Anglers contend that they did not increase landings of red grouper by 145% in 2004, pointing out that 2004 as a record year for hurricane damage and fishing disruption. Anglers also contend that NMFS passed the rule to cater to the whims of and allocate fish to the commercial long line fleet, that is destroying much Gulf of Mexico’s fisheries. The FRA advocates banning long line fishing gear due to is indiscriminate killing of birds, marine mammals and millions of undersized and untargeted fish. Led by the Fishing Rights Alliance, anglers took their concerns to their legislators and to their state wildlife officials in Florida. Florida’s Fish and Wildlife Conservation Commission disagreed with the NMFS emergency closure and refused to enforce the closure in state waters, which extend nine miles into the Gulf. Both of Florida’s Senators and nine of its Congressional representatives opposed the emergency rule. Despite the opposition to its rule, The National Marine Fisheries Service proceeded with the emergency closure, prompting the FRA to file suit and seek relief in Federal Court. The FRA’s attorneys, dubbed the “Shark Tank” in the angling community, argued successfully to have the rule overturned, setting legal precedent in the process. No one has ever successfully challenged a NMFS interim rule, making this an even more momentous victory. Scott Weber and Colin Thompson of DLA Piper Rudnick Gray Cary US LLP were the lead attorneys, with Craig Berman of Craig Berman P.A. as co-counsel, assisted by Frank Anderson of Frank Anderson, P.A., Doug Gregory, Esq., Luke Newman, Esq., and Bill Seacrest (law clerk). Details of the challenge and victory and a copy of the ruling can be found at the FRA’s website, www.thefra.org . The Coastal Conservation Association was also involved in the lawsuit. “We are glad to see that an injustice has been righted,” said Dennis O’Hern, Executive Director of the Fishing Rights Alliance (FRA). “It is a proud day for all anglers who made their voices heard, who sacrificed time and money to pursue fairness in fisheries management. The FRA will continue to participate in the fisheries management process, further ensuring that the angler’s voice will be heard.” The Fishing Rights Alliance promotes conservation and management of sustainable resources. The FRA promotes fishing using individual, attended effort gear. Founded just two years ago in Pinellas County, FL by a group of concerned offshore anglers, the FRA has exploded onto the fisheries management scene, igniting passions and inspiring previously silent voices to be heard. The FRA’s website, www.thefra.org , has information on membership. Contact Dennis O’Hern, Executive Director, Fishing Rights Alliance at 727.692.6902 or email at dohern@tampabay.rr.com. #
# # Contact:
Dennis O’Hern, Executive Director Cell
Phone Number: 727.692.6902 |
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